Definitive guidelines on sentencing children and young people and reduction in sentence for a guilty plea come into effect – Sentencing Council

Posted June 2nd, 2017 in children, guilty pleas, news, sentencing, young offenders by sally

‘The revised guidelines on sentencing children and young people and reduction in sentence for a guilty plea have come into effect today (1 June 2017).’

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Sentencing Council, 1st June 2017

Source: www.sentencingcouncil.org.uk

BSB to review training role of Inns of Court – Legal Futures

Posted June 2nd, 2017 in barristers, inns of court, legal education, news by sally

‘The Bar Standards Board (BSB) is to review the role of the Inns of Court in the training of barristers, it has emerged.’

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Legal Futures, 2nd June 2017

Source: www.legalfutures.co.uk

Nanny who shook 10-month-old baby to death jailed for four years – The Guardian

‘An unqualified nanny who violently shook a baby in a moment of “madness” has been jailed at the Old Bailey for four years after being found guilty of his manslaughter.’

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The Guardian, 1st June 2017

Source: www.theguardian.com

Charity crowd funds in bid to challenge roll-out of Right to Rent scheme – Local Government Lawyer

Posted June 2nd, 2017 in housing, landlord & tenant, news, race discrimination by sally

‘The Joint Council for the Welfare of Immigrants (JCWI) has begun crowd funding ahead of a potential legal challenge to the roll-out of the Right to Rent scheme to Scotland, Wales and Northern Ireland.’

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Local Government Lawyer, 31st May 2017

Source: www.localgovernmentlawyer.co.uk

Planning law does not trump rights to privacy, says watchdog – OUT-LAW.com

Posted June 2nd, 2017 in data protection, news, planning, privacy by sally

‘Local authorities processing planning applications cannot ignore their responsibilities under data protection law, the UK’s Information Commissioner’s Office (ICO) has warned.’

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OUT-LAW.com,1st June 2017

Source: www.out-law.com

Female estate agent guilty of sexism after she offered male colleague sex act to hit £180k target – Daily Telegraph

Posted June 2nd, 2017 in estate agents, news, sex discrimination by sally

‘A female estate agent has been found guilty of sex discrimination after she offered to perform a sex act on a male colleague if he banked £180,000 in income.’

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Daily Telegraph, 1st June 2017

Source: www.telegraph.co.uk

Lobbying Act ‘stifling environment debate’ in election campaign – The Guardian

Posted June 2nd, 2017 in elections, environmental protection, lobbying, news by sally

‘Debate on environmental issues has been stifled in the run-up the general election leaving voters in the dark , opposition parties have claimed, as a result of the Lobbying Act and government determination to avoid criticism over problems such as air pollution.’

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The Guardian, 1st June 2017

Source: www.theguardian.com

Two Manchester Spice dealers jailed – BBC News

Posted June 2nd, 2017 in drug offences, news, sentencing by sally

‘Two men caught with “thousands of pounds” worth of the former legal high Spice have been jailed.’

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BBC News, 1st June 2017

Source: www.bbc.co.uk

Fears over move by Samaritans to pass on details of ‘vulnerable’ cases – Daily Telegraph

Posted June 2nd, 2017 in charities, children, confidentiality, emergency services, news by sally

‘For decades they have provided a confidential listening service for those on the edge of despair or contemplating suicide.’

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Daily Telegraph, 1st June 2017

Source: www.telegraph.co.uk

IRA bombers of two Birmingham pubs could be ‘named and shamed’ – The Guardian

Posted June 1st, 2017 in disclosure, explosives, inquests, news, terrorism by sally

‘IRA members who planted bombs that destroyed two Birmingham pubs in 1974 could be “named and shamed” in the resumed inquest into the 21 deaths in the atrocity, a hearing has been told.’

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The Guardian, 31st May 2017

Source: www.theguardian.com

Cross examination of abused wife a ‘stain’ on justice system – judge – Law Society’s Gazette

‘A High Court judge has said he will refuse to allow alleged domestic abusers to cross examine their victims in any future hearings he oversees.’

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Law Society's Gazette, 31st May 2017

Source: www.lawgazette.co.uk

Hyde v Milton Keynes NHS Foundation Trust – WLR Daily

Posted June 1st, 2017 in appeals, costs, fees, hospitals, law reports, legal aid by sally

Hyde v Milton Keynes NHS Foundation Trust [2017] EWCA Civ 399

‘The claimant brought a personal injury claim against the defendant under a Community Legal Service funding certificate which was subject to costs limitations. Although the defendant had admitted liability, quantum remained in issue. With the funding certificate nearing exhaustion and the Legal Services Commission refusing further funding, the claimant’s solicitors concluded that the case could not be completed on a funded basis. Accordingly, the claimant entered into a conditional fee agreement (“CFA”) with her solicitors. The solicitors served on the defendant notice of a change in funding arrangements but took no steps to apply for or obtain a formal discharge of the funding certificate. The claim later settled, the defendant having made an increased offer which the claimant accepted. On the assessment of costs, the costs judge concluded that the claimant was entitled to recover from the defendant her costs arising under the CFA, rejecting the defendant’s contention that the CFA was unenforceable by virtue of sections 10(1) and 22(2) of the Access to Justice Act 1999 because it had been entered into at a time when the claimant was “funded” by the commission as part of the Community Legal Service. The judge dismissed the defendant’s appeal, holding that the claimant was not “funded” by the commission, for the purposes of sections 10(1) and 22(2), once the funding certificate had been exhausted, even though the certificate had not been discharged.’

WLR Daily, 23rd May 2017

Source: www.iclr.co.uk

Regina v Sheffield Teaching Hospitals NHS Foundation Trust – WLR Daily

Posted June 1st, 2017 in birth, damages, law reports, pensions, personal injuries, valuation by sally

Regina v Sheffield Teaching Hospitals NHS Foundation Trust [2017] EWHC 1245 (QB)

‘The claimant, a 24-year-old man, suffered from physical impairments caused by injuries suffered during his birth at the defendant’s hospital. He was expected to live to about 70 years old, which represented a reduction, as a result of his injuries, from the normal life expectancy for a male of his age. His mother, acting as his litigation friend, brought a claim for damages on his behalf against the defendant. The defendant admitted negligence in relation to the claimant’s birth. On the assessment of damages, issues arose including: (i) whether the claimant was entitled to recover a sum in respect of the pension that, but for his injuries, he would have received during the “lost years” of his life beyond his actual life expectancy; and (ii) how any award for special accommodation needs was to be assessed.’

WLR Daily, 25th May 2017

Source: www.iclr.co.uk

S v Director of Public Prosecutions – WLR Daily

S v Director of Public Prosecutions [2017] EWHC 1162 (Admin)

‘The defendant was charged with an offence of tampering with a motor vehicle contrary to section 25 of the Road Traffic Act 1988 and tried before justices in the Youth Court. The justices dismissed a submission by the defendant that there was no case to answer and, having heard evidence from the defendant and considered the burden and standard of proof, the justices convicted him. A contemporaneuos note of the justices’ reasons read, inter alia: “We listened to the [defendant’s] evidence which did not persuade us that there was no intention to tamper with the [motor vehicle]. We are therefore sure you are guilty.”’

WLR Daily, 18th May 2017

Source: www.iclr.co.uk

Watson and others v Watchfinder.co.uk Ltd – WLR Daily

Posted June 1st, 2017 in agreements, company directors, consent, contracts, law reports, shareholders by sally

Watson and others v Watchfinder.co.uk Ltd [2017] EWHC 1275 (Comm)

‘The claimants were directors and shareholders of a business development consultancy whose services the defendant company retained to assist it in attracting investors. At the same time, the defendant entered into a share option agreement with the claimants on terms which, as later amended, provided for the claimants to purchase a certain percentage of the defendant’s issued share capital at a given price, but also provided that the option could not be exercised without the consent of a majority of the defendant’s board of directors. The claimants later sought to exercise the option but consent was refused. The claimants brought proceedings for specific performance of the share option agreement, contending that, as a matter of construction of that agreement or by way of an implied term, the defendant could not exercise its discretion over the grant of consent in a way that was arbitrary, capricious or irrational.’

WLR Daily, 25th May 2017

Source: www.iclr.co.uk

UK wrong to deny residence rights for non-EEA family members of dual nationals – Free Movement

Posted June 1st, 2017 in brexit, citizenship, EC law, families, immigration, news by sally

‘The question about what rights are enjoyed by an EU citizen who naturalises as a British citizen becoming a dual citizen is critically important in the context of Brexit.’

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Free Movement, 31st May 2017

Source: www.freemovement.org.uk

Lawyers make the grade in BAME ‘power lists’ – Law Society’s Gazette

Posted June 1st, 2017 in diversity, equality, law firms, legal profession, news, solicitors by sally

‘Eight lawyers including six magic circle partners have been named in a power list celebrating the best BAME (black, Asian and minority ethnic) business leaders.’

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Law Society's Gazette, 30th May 2017

Source: www.lawgazette.co.uk

‘Sensitive’ UK terror funding inquiry may never be published – The Guardian

Posted June 1st, 2017 in inquiries, news, publishing, reports, terrorism by sally

‘An investigation into the foreign funding and support of jihadi groups that was authorised by David Cameron may never be published, the Home Office has admitted.’

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The Guardian, 31st May 2017

Source: www.theguardian.com

Jason Varuhas: Judicial Review beyond Administrative Law: Braganza v BP Shipping Ltd and Review of Contractual Discretions – UK Constitutional Law Association

Posted June 1st, 2017 in appeals, contracts, judicial review, news, shipping law, Supreme Court by sally

‘Judicial supervision of decision-making powers is often associated with administrative law. However courts also review the exercise of discretions in other fields. For example courts review powers exercised by trustees, and indeed much of equity might be characterised as a law of administration. Our focus here will be the legal principles sourced in the law of contract which regulate the exercise of powers of decision, including discretions, under contracts (‘contractual review’) and the interrelationship between these principles and those common law principles regulating exercise of administrative powers under statute (‘administrative law review’).’

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UK Constitutional Law Association, 31st May 2017

Source: ukconstitutionallaw.org

Does an employer discriminate by behaving inconsistently with religious values? – Keens-Betts – Law & Religion UK

Posted June 1st, 2017 in employment, news, religious discrimination, tribunals by sally

‘Can an employee claim direct or indirect discrimination on grounds of religion because she feels that her employer’s behaviour is inconsistent with what she understands to be “the Christian way of life”? That was one of the issues raised in Miss M Keens-Betts v The Anthony Gregg Partnership Ltd [2017] UKET 2208102/2016.’

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Law & Religion UK, 1st June 2017

Source: www.lawandreligionuk.com